Federal Court


Industrial and Intellectual Property

Copyright

Copyright holders had right to have identity of subscriber revealed and disclosed

Copyright holders claimed that internet users had engaged in file sharing over internet, and thereby infringed copyright holders’ copyrights in several films. Applicants initiated proposed class proceeding claiming, amongst other things, declaratory and injunctive relief against subscriber of internet service provider (ISP), whose identity was presently unknown to them. Copyright holders brought motion for order compelling ISP to disclose any and all contact and personal information of subscriber associated with identified internet protocol address at various times and dates. Motion granted. Copyright holders adduced sufficient evidence to show that they had bona fide claim that unknown persons were infringing copyright in their films. Consequently, copyright holders had right to have identity of subscriber revealed and disclosed for purpose of pursuing their proposed class proceeding. Copyright holders were only entitled to disclosure by ISP of subscriber’s name and address as recorded in ISP’s records. Release of information was to remain confidential and not be disclosed to any other parties without further court order and could only be used by copyright holders in connection with their proposed class proceeding. ISP was entitled to payment of $100 per hour to assemble information and costs fixed at $500.

Voltage Pictures, LLC v. John Doe No. 1 (Jul. 28, 2016, F.C., Keith M. Boswell J., T-662-16) 269 A.C.W.S. (3d) 648.

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